A landlord can only increase the rent once in any 24 month period, and cannot increase within 24 months of the commencement of the tenancy except in limited circumstances such as a complete refurbishment of the property which affects the market rent of the dwelling.
The Residential Tenancies Act prohibits the landlord from setting a rent that is in excess of market rent. If a landlord intends increasing the rent, they must inform you, in writing, of any increase in rent, 90 days before the increase is due to take effect. A valid notice served by the landlord must be in the prescribed form (see sample notice below).
- It must state the amount of new rent and the date from which is to have effect.
- It must include a statement that a dispute must be referred to the Board on the expiry of 28 days from the receipt by the tenant of that notice or the date the new rent takes effect.
- It must include a statement by the landlord that it is their opinion that the new rent is not greater than market rent having regard to –
- The other terms of the tenancy
- Letting values of dwellings of a similar size, type and character and situated in a comparable area
- It must specify the rent amount for three comparable dwellings of a similar size, type and character and situated in a comparable area
- It must include the date on which the notice is signed
- It must be signed by the landlord or his/her authorised agent
A landlord is also required to notify the RTB of the revised rent so that the registrations details can be updated.
Where a valid notice of a rent review has been served by the landlord then either party can submit a dispute to the RTB before the new rent is to have effect or before expiry of 28 days from the tenant receiving that notice, whichever is the later. There is no time limit where an invalid notice is served.
Members can download a template notice of rent review here
